Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1887-05-27

spondent Of the Wheeling Inteligencer
sent this dispatch to that paper:
The result of ex-senator Lucas visit
to Charleston, the object of which l tel
egraphed you last week, is that his cor
test for Senator Faulkner's seat will
proceed. Lucas announces his inten-
ton not to let up, though his ntterances
now have modified tone. He now
says contest is unavoidable, and under
the circumstances, is inevitable. He
announces that the contest will be ami
cable and the decision Iictly judicial.
A new and serious ground of objection
to the legality of Mr.. Faulkner's cleo
ton Mr.. Lucas presents. He says: "Our
constitution provides that no judge shall
be eligible to any political office during
his term. Judge Faulkner was elected
OH May and his resignation was not
rendered until after his election. This
presents an interesting question:
After the publication OF the above
reporter to the Wheeling Register had
the following Interview with Senator
Faulkner at his home in Martinsburg:
Senator, have you seen the interview
with Mr.. Lucas, in which he suggests
that the contest between you and him
self will turn upon the provision of Ar
ticle s, section II, of the Constitution
Of the State, which renders judge in
eligible to any Office during his contin-
uance i'm the office of Judge"
eyes, I have seen the article referred
to but can scarcely believe it is correctly
quoted, especially when he is made to
say that this presents new question.
| believe Mr.. Lucas to be good lawyer
and think that his sclf-interest has in
duced him to study up the questions in
volved in the contest. The provision of
the State constitution above referred to
has no application whatever to the
qualification of United States Senator.
The qualifications Of a UDited States
Senator are fixed by the provisions of
the Constitution Of the United States,
and are not the subject of enlargement
or curtailment by the provisions of
State constitution. The question has
been decided several times by the United
States, the most striking case being one
coming under the constitution of llli-
nois of 1S4S, which provided that no
member of the Senate or House Of Dele
gates should be elected to the U. S.
Senate. The Legislature of Illinois dis
regarded this provision and elected
member of its Senate. The United
States Senate admitted the gentleman
elected upon the principle that the only
qualifications that could be enforced to
disqualify one so elected were the quail
ifications found in the Federal Consti-
tuition, and not those in the constitution
of any States. This violates no State
RICH is doctrine, as this whole subject Of
the election of Senator of United States
Senate has been delegated by the States
to the federal government.
"An additional reason why doubt
that Mr.. Lucas has been properly quoted
is the fact that even if his views were
correct it would not assist him in OBJ
tanning a seat in the Senate, but would
place him in the attitude of endeavor-
ing to assist the Republicans in denying
to one chosen by the united vote of
Democratic Legislature his seat in the
Senate for two years and preventing
full representation Of the Democratic
party in the United States Senate. You
can say in the Register to the Demo
Gratis of West Virginia that they need
have no fear as to the result Of the &C.
ton of the Senate in the admission of
myself, as | occupy the position of the
accredited representative of the State of
West Virginia, bearing the credentials
from Legislature elected by the people
for the express purpose of performing
this important duty, which duty they
have performed in accordance with
law"
In relation to this same subject the
Philadelphia Times says:
The Senate will be likely to make short
work of the claim Of Daniel b. Lucas, Of West
Virginia, to the seat in the Senate to which
Charles ]. Faulkner was lately elected by the
Legislature. The regular session Of the Leg
islature failed TO agree in the effort to elect
Senator, and when it adjourned, Governor
Wilson very properly filled the position by
appointing Mr.. Lucas; but a special session
OF the Legislature was soon convened, and
the Legislature then elected Mr.. Faulkner.
1t Is argued that the special session could
not elect Senator because the Constitution
Of the State requires special sessions to be
limited to the consideration of such ques-
lions as are specially named in the Governors
call. That theory is correct as to legislation,
but it is illogical when applied to the election
OF Senator, which is an ever present duty
with any and all Legislatures when there is
a Senatorial vacancy. 1t is duty imposed
by the law of the nation, and there is moth
ing in the fundamental law of West Virginia
to antagonize 1t.
1t was the duty of the West Virginia Leg
islature to vote for Senator every day, in
either regular or special session, until Sen
ator was chosen, and the Senate will resolve
all doubts, If there are any doubts on the
subject, in favor Of the recognized authority
to commission its members
He Fell 700 Feet.
At Oskaloosa, Iowa, Monday last,
1a.0a accaI N foo f,,1 ooo;la,t